A former top Montgomery Fire official plans to sue the city of Montgomery after a local municipal court dropped domestic violence charges against him Thursday.

Kenneth Bolling, formerly chief of operations with MFR, was in court for the third time in relation to a June domestic violence charge, where charges eventually were dismissed this week after the alleged victim failed to appear. The retired firefighter disputed much of the city investigation's findings related to his case, and said he plans on pursuing legal restitution.

"There are several people that are currently working the fire department that have had domestic violence charges or arrests," Bolling said in an interview with the Advertiser, declining to give names. "There are people doing a lot worse than me ..."

Since 1993, Bolling has been charged with domestic violence, harassment and had a restraining order granted in 2004 in another relationship. That case alleged 'verbal, mental (and) financial abuse."

Bolling said he was suspended for three days in 2007 for being arrested in a domestic violence case. The charges were eventually dropped.

All the charges were either dismissed or have an outcome that the Montgomery Advertiser has been unable to independently confirm. The Advertiser also attempted to reach out to the alleged victims in those cases, but they could not be immediately reached for comment.

Julian McPhillips, Bolling's lawyer, said he believed there were due process issues in how Bolling was punished most recently.

Officially, Bolling said he resigned the day after being arrested. But McPhillips and Bolling allege that it was done under duress, for fear of losing his retirement.

After 33 years in the department, Bolling was set to receive what he said was about $45,000 in unpaid leave, as well as an $80,000 payout if he made it to December, when he planned to retire.

"I am not blaming the police officers. I'm not blaming the city. I was devoted. I was 150 percent committed to Montgomery Fire and Rescue. I think that was my calling," Bolling said.

Montgomery Department of Public Safety spokeswoman Martha Earnhardt declined to comment on the case.

"Because of the possibility of legal action in this matter," she wrote in an email, "it would be inappropriate to comment outside of any statement issued by the city’s Legal Department."

The June incident

Documents obtained by the Advertiser in August from city investigators alleged that Bolling may have driven drunk in a city vehicle from a firefighter event to the house where the domestic incident occurred.

Documents say Bolling and the woman argued about their relationship while intoxicated before the fight turned physical. Bolling allegedly "punched her multiple times in the face with his closed fist causing minor injuries" before fleeing her resident with the victim's phone and identification card.

The incident allegedly happened between 3 a.m. and 4 a.m.

Bolling disputed the details provided by the city. He said he had been texting with the woman throughout the night about a $500 phone bill that she wanted him to pay.

After leaving the firefighter event about 9 p.m. — where Bolling says he refrained from drinking because he wanted to surprise other firefighters by participating in the firefighter Combat Challenge the following day — he met the woman at her home, where she asked him to bring her to the liquor store.

Bolling obliged, he said. When they returned to her home, Bolling said she left her phone and identification card in his city-issued car on accident, unknown to both of them at the time.

Their argument over the phone bill became physical, he said, and she struck him. He said he placed an open hand on her face and pushed her away. Part of the investigation file states that she had a "bruise along with scratches to her face, neck and right arm."

The woman in the case declined to press charges or seek medical treatment, and after failing to appear in court three times, prosecutors were not able to carry charges forward even though Montgomery Police pursued them because she had visible injuries.

In a motion submitted to the court, the woman involved said, "We got into a verbal altercation over our relationship, which turned mutually physical, but did not hurt either one of us," the document says. "I hit Mr. Bolling in what I believe was self-defense, and I regret that he retaliated physically."

The city investigation also states a video on Bolling's city-issued phone revealed that he tuned his radio to a police frequency after leaving the alleged victim's home. It is true that it was on a police frequency, Bolling said, but that was a common occurrence at all times while he was driving.

The aftermath

Bolling said he reported to work the next morning around 7 a.m. He left to run an errand when he was told to come into MFR headquarters because there was a warrant out for his arrest.

He met with Chief Miford Jordan and Chief of Staff John Petrey, he said, who told him that he needed to turn himself into the police. Petrey drove him home to change into civilian clothes, he said, before heading to the police station.

At that point, police took his phone. Investigators noticed text messages from the woman saying she had declined to press charges, Bolling said, and told him to keep them. When his phone was returned, Bolling alleges that everything was deleted, an uncommon occurrence.

Jordan initially placed Bolling on administrative leave, though he said the city already was looking to fire him.

The next day, Jordan confirmed that to be the case, Bolling said, and he was asked to turn in his cell phone and was told he wouldn't receive leave pay.